Revision 7: updating the judicial branch.

• Author: Butterworth, Robert A.
• Position: Florida Constitution Revision Commission

Ballot Title: Local Option for Selection of Judges and Funding of State Courts

Ballot Summary: Provides for future local elections to decide whether to continue electing circuit and county judges or to adopt system of appointment of those judges by governor, with subsequent elections to retain or not retain those judges; provides election procedure for subsequent changes to selection of judges; increases county judges' terms from four to six years; corrects judicial qualifications commission term of office; allocates state courts system funding among state, counties, and users of courts.

This November, voters will have the opportunity to significantly change how trial judges in Florida are chosen and how the state courts system is funded. These are two of the four proposed constitutional amendments contained within Revision 7, entitled "Local Option for Selection of Judges and Funding of State Courts."(1) On election day, Floridians will vote on this revision, summarized in the above ballot language.(2)

The first amendment within Revision 7 is a local option for circuits and counties to vote on whether they want to continue electing their trial court judges (both circuit and county) or whether they want to change to a system of merit selection and retention. The second amendment would increase county court judges terms from four to six years. The next amendment corrects the term of office for a member of the Judicial Qualifications Committee. The last, though not the least, of the proposed amendments would shift the majority of the costs of the state courts system from the counties to the state. The remainder of this article will address the specifics of each amendment and identify the arguments made by proponents and opponents of each amendment.

Article V Costs

Perhaps the most significant proposed change within Revision 7 is the "funding amendment," which would shift the burden of the majority of the costs of the state courts system from the counties to the state. In 1972, when Florida voters amended Article V of the Florida Constitution to create a state courts system, the amendment was largely promoted and adopted with the promise that local governments would be relieved of the costs of operating courts. The state, however, has never fully assumed these costs. As a result, in fiscal year 1995-96, counties spent nearly $614 million on the state court system, compared to the state's expenditure of $513 million.(3) To that end, Revision 7 assigns to the state the primary responsibility of funding the state courts system.

Specifically, Revision 7 provides that the state shall fund the state courts system, state attorneys' offices, public defenders' offices, and court-appointed counsel. Counties spent approximately $216,523,443 on these costs in fiscal year 1995-96.(4) Funding for the offices of the clerks of the circuit and county courts performing court-related functions is to be provided chiefly by users of the courts through filing fees, service charges, and costs. In the event that insufficient user fees are collected to fund the clerks' offices, the state would provide supplemental funding.

Counties, however, will not be totally relieved from funding the state court system's costs. Under Revision 7, counties would continue to fund the costs of construction, leases, maintenance, utilities, and security of facilities for the trial courts, public defenders' offices, state attorneys' offices, and the offices of the clerks of the circuit and county courts. Additionally, counties would continue to fund the costs of communications services, existing radio systems, and multi-agency criminal justice information systems. Counties would also be required to fund the reasonable and necessary expenses of the state court system, state attorneys, public defenders, and clerks' offices to meet local requirements as determined by general law. Thus, if the funding amendment were in effect today, counties would still be responsible for approximately $150 million of the state courts system's costs.(5) Under Revision 7, beginning in the year 2000 the legislature must appropriate funds to pay for the salaries, costs, and expenses pursuant to a phase-in schedule established by general law. The amendment is to be fully implemented by...